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Unpublished Paper
Moving Towards Autonomy and Equality: An Analysis of the new Mental Health Care Bill 2012
CLPR Working Paper Series (Working Paper 1/2012) (2012)
  • Dharmendra Chatur
  • Jayna Kothari
Abstract

The new Mental Health Care Bill 2012 marks a complete shift from the existing Mental Health Act 1987 from viewing persons with mental disabilities as persons requiring institutionalisation, to persons with autonomy, equal recognition of their rights and full legal capacity. This shift has been in view of India’s ratification of the UN Convention on the Rights of Persons with Disabilities 2006 (“UNCRPD”). In this paper, we analyse the provisions of the Bill specifically in the context of the changes in mental health care law that it proposes, keeping in mind the rights to autonomy and equality of persons with mental disabilities. We examine the effectiveness of the changes with reference to the UNCRPD and the United Kingdom’s mental health law. We conclude by making certain recommendations where the Bill that do not safeguard the autonomy and equality of persons with mental disabilities.

Keywords
  • India,
  • mental health law,
  • persons with disabilities,
  • autonomy,
  • equality,
  • Mental Health Care Bill 2012
Publication Date
December, 2012
Citation Information
Dharmendra Chatur and Jayna Kothari. "Moving Towards Autonomy and Equality: An Analysis of the new Mental Health Care Bill 2012" CLPR Working Paper Series (Working Paper 1/2012) (2012)
Available at: http://works.bepress.com/dchatur/14/